• Super Admin
• 08 Mar, 2026

In a detailed commentary, Odinkalu recalled past cases where judges faced trial for serious allegations, noting that "no one suggested then that their office, status, or reputations afforded them immunity against the charges." Legal scholar and former National Human Rights Commission chairman, Prof. Chidi Anselm Odinkalu, has argued that Nigerian judges must be subject to investigation and accountability, insisting that judicial office does not confer immunity from scrutiny. In a detailed commentary, Odinkalu recalled past cases where judges faced trial for serious allegations, noting that "no one suggested then that their office, status, or reputations afforded them immunity against the charges." He cited the 1985 murder trial of Justice Donald Ikomi of Bendel State and the 1986 acquittal of Justice Paul Anyebe of Benue State, stressing that both judges were investigated and tried despite their high office. "These two cases showcased the immense challenges associated with accountability for allegations of serious malfeasance against judges," he wrote. Odinkalu's position comes amid reports that the Code of Conduct Bureau (CCB) has begun investigating Chief Judge of the Federal High Court, John Tsoho, over alleged undeclared assets. According to reports, Tsoho is accused of failing to declare several bank accounts in both local and foreign currencies. The CCB's investigation follows a disclosure that the judge allegedly violated Nigeria's Code of Conduct law. The Nigerian Bar Association (NBA), however, has pushed back, claiming the bureau lacks the power to summon a sitting Chief Judge." NBA President Afam Osigwe, SAN, reportedly wrote to the CCB asserting that "the bureau lacked constitutional authority" to investigate Tsoho. Three NBA branches in Benue State backed the claim, insisting that the CCB "lacks the constitutional authority to summon a sitting Chief Judge. It is settled law that only the National Judicial Council can investigate or discipline a serving judicial officer." Rejecting that position, Odinkalu pointed to constitutional provisions and past Supreme Court rulings. Honoring the rule of law, Odinkalu emphasised that the idea that judges enjoy immunity from investigation is "clearly unsustainable." He noted that "the law requires occupants of [High Court] office to make asset disclosures, and the constitution confers on the CCB an explicit mandate to investigate and verify such disclosures." He explained that "assertions of immunity do not trump the power of investigation," referencing the 2002 Supreme Court decision in a case initiated by Chief Gani Fawehinmi. He also warned against repeating the controversial removal of former Chief Justice Walter Onnoghen in 2019, saying: "The removal of Chief Justice Onnoghen did not pretend, however, to have anything to do with law or legal process. It should not be repeated as a model for judicial accountability." Odinkalu stated that the CCB has a clear constitutional mandate to investigate asset declarations by judges, while the National Judicial Council (NJC) retains disciplinary authority. "The idea of an impunity carve-out for judicial officers from this power of investigation of the CCB is contrary to the constitution, the judicial Code of Conduct; and the NBA Constitution. It is thus clearly unsustainable," he stated. Source: https://saharareporters.com/2026/03/08/nigerian-judges-not-above-investigation-says-odinkalu-amid-probe-chief-judge-tsoho